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Inheritance issues in a divorce

Inheritance

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  • Full Question -
     

    My Father married his girlfriend whilst he was on his deathbed (this was her idea). He has since past away. The marriage was never consummated as he was too ill (although they had lived together prior to his illness). He never made a will and now she has inherited everything including the house which we are living still living in and we believe she will sell it and move on. Is the marriage valid and do we have any rights to prevent losing our home in law ?
     

    Answer -
     

    The marriage is valid I am afraid and the will is also valid unless you can prove that he was in fact mentally unable to make decisions of this nature.
     

    Also there is a possibility of conntesting the will under the Inheritance Act but you have to show you were in some way maintained by him.
     

    I suggest you get independent legal advice.

  • Full question-

    My Father married his girlfriend whilst he was on his deathbed (this was her idea). He has since past away. The marriage was never consummated as he was too ill (although they had lived together prior to his illness). He never made a will and now she has inherited everything including the house which we are living still living in and we believe she will sell it and move on. Is the marriage valid and do we have any rights to prevent losing our home in law ?
     

    Answer-
     

    The marriage is valid I am afraid and the will is also valid unless you can prove that he was in fact mentally unable to make decisions of this nature.
     

    Also there is a possibility of conntesting the will under the Inheritance Act but you have to show you were in some way maintained by him.

  • Full question-
     

    My grandad died a few days ago, and he was separated from his wife for more than 15 years. They had no contact, no legal separation was ever done, they just split up. Now that he has passed away, I was wondering if she is still his next of kin and entitle to anything he has left behind, even though they have been separated for so long.
     

    Answer-
     

    Unless he did a will stating that she was not going to receive anything, then she will be the sole inheritor of his estate subject to the rules of intestacy which provide for certain financial limits.

    If you are married and you do not have a Will the amount your spouse can inherit is limited by the Government rules which you can find here

  • Full question-
     

    I am 66 years of age and have been divorced since 1975.

    I have not re-married or been supported financially by anyone since. My ex-husband has paid me a reduced amount of maintenance of £1020 per annum ever since my children left home (ie since 1980).
     

    He re-married in 1984. He is now 68 and is not in good health and I want to know whether, in the event of his death, I can make a claim under the Inheritance Act for financial provision out of his estate. I manage on a very low income and have to work part-time from home to make ends meet. (My total income is less than £10,000 per year) and I would really miss the £1020 maintenance receive at present. My ex-husband and his wife are very comfortably off.
     

    Answer-
     

     If you have an order in force it may state that your  claims under the Inheritance Act have been dismissed but if your order is for life then your solicitors should have insisted on this not being dismissed to allow you to continue to be maintenance from his estate
     

    If the claim has not been dismissed then you will still be able to claim against the estate as you have been continually maintained by him. I would take your order to a  family law Solciitor for review.

    I would take the order to a Solicitors to check.

  • Full question-
     

    My husband has just told me he wants a divorce. I do not want this, although I am slowly becoming resigned to the fact. I am in no hurry to get the formal paperwork completed, although in order that we can get on with our lives we both need to know where we stand financially. I am of a mind to wait 2 years before giving my consent. 
     

    The question is that my mother is 84, and though currently in good health it has to be faced that she may not last the 2 years. I am an only child and stand to inherit all her estate, although this is not considerable. 
     

    My question is will I have to give part of this to my husband if she dies before the divorce. Other than divorcing as quickly as possible, how can I or she protect any future inheritance I may have? 
     

    Answer-
     

    If you wait the two years and your mother dies during that period, any inheritance that you receive will be taken into account. What that means is that it can and probably will alter the final outcome. Without knowing anything about you, the finances, your ages, length of marriage etc its not possible to predict the outcome. However bear in mind that even if you start divorce proceedings now, it tends to take anything from say 9 months to 18 months to get everything all sorted out.

    If you start in two years time , add that time on. However it is a big decision and one that should not be rushed into. If you aren't ready to divorce yet, then don't. Its not either now or in two years. You could get it going in six months time if you want. Its your divorce and in a way you can set the pace and timetable.